Vathiraja271481
Working As Assistant General Manager (personnel)
Muralikandukuri
Director Of Human Resources
Ankita1001
Sr. Hr Executive @ Polymerupdate
Anita P Panicker
Sr Hr Executive
Mukeshmba1987@gmail.com
Recruitment & Ir
+2 Others

Dear senior HR member.
I have a query on my gratuity payable by my last organization.
In my last organization I worked for 4 Years 11 Months and 23 Days (just 1 week less than 5 years), i have asked the employer to release my gratuity as per the govt. regulation.
As per I know gratuity is payable to any employee who is having continuous employment for more than 4 years and 240 Days.
My organization refused to release saying I am not eligible for the payment.
I request senior HR and IR member to please responde, If I am eligible for gratuity and if so, what is the steps / actions I should follow to inform my last organization to get my gratuity amount.
Thanks and Regards,
RP
27th December 2012 From India, Vadodara
#Anonymous
Pls ask your HR to read dis post...
What is Gratuity - Understanding Taxes
You are very much eligible for your gratuity claim...
About the procedure to claim, seniors would the best to guide to further.
In my opinion, talk to your hr and ask why are you not eligible for gratuity
if hr says that you fall short of 1 week for 5years, you say that you're aware that 4.8 months are enough to be eligible.
If there are any other issues, check if those could be resolved.
27th December 2012 From India, Mumbai
Pls ask your HR to read dis post...
What is Gratuity - Understanding Taxes
You are very much eligible for your gratuity claim...
About the procedure to claim, seniors would the best to guide to further.
In my opinion, talk to your hr and ask why are you not eligible for gratuity
if hr says that you fall short of 1 week for 5years, you say that you're aware that 4.8 months are enough to be eligible.
If there are any other issues, check if those could be resolved.
27th December 2012 From India, Mumbai
Thanks Ankita for your response,
However, I have already done this, also i have send them many high court case study on similiar issues also, send many legal documents mentioning the law. However, they are not agree to release the same,
I would like to know how I should go further with legel steps.
Thanks
Ronak
27th December 2012 From India, Vadodara
I suggest you quote the high court judgement and send a letter to your organization before you go further on legal aid.
28th December 2012 From India, Chennai
You can send a letter to company with the SC's guidelines.
You can lodge a complaint to ' The Competent Authority under Gratuity Act ' at the local Govt Labor Office and attach the copy of that letter to the letter to GLO.
28th December 2012 From India, Pune
Dear Ronak,
You should send a witten petition to the employer by speed post as you will get an acknowledgement wait for few days for their reply, but if there is no reply then file a complaint with the commissioner under the gratuity act - the regional labour commissioner/assistant commissioner would be the designated authority
Section: 9
Penalties for Non-Payment of Gratuity:
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
Regards
Anita
28th December 2012 From India, Mumbai
Dear Ronak,
As per my opinion first you need to send again Form I under graturity Act by speed post to the employer.
After that, employer refuses for the payment then you need to go to the Controlling authority i.e. Labour Court or to the labour commisioner/Inspector with proof of your acknowledgement copy of form I, which you have already sent to principal employer earlier.
Thanks & Regards,
Yogesh Rathor
#9990080078
28th December 2012 From India, Chandigarh
Dear Mr. RP,

As discussed in the forum by some of our senior members, you may go ahead with the legal action. The following sections would benefit and strengthen your case further.

Section 8 of The Payment of Gratuity Act, 1972, talks about the recovery of gratuity from the employer wherein it states that "if the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto. Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate: Provided further that the amount of interest payable under this section, shall, in no case, exceed the amount of gratuity payable under this Act".

Section 3 of the Act talks about controlling authority where in it states that "the appropriate Government may, by notification, appoint any officer to be a controlling authority, who shall be responsible for the administration of this Act and different controlling authorities may be appointed for different areas".

Sub-section (1) of Section 4 talks about the eligibility period of gratuity wherein it states that Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -

(a) On his superannuation, or

(b) On his retirement or resignation, or

(c) On his death or disablement due to accident or disease:

And Section 2A speaks about the "continuous service" wherein sub-section (1) states that an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;

Sub section (2) further clarifies as "Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-

(a) For the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-

(i) One hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) Two hundred and forty days, in any other case;
28th December 2012 From India
1 step. Send a requisition letter to concerned authority of the Organisation stating your date of Joining and leaving for the amount of Gratuity. 2 step Send a reminder letter after 15 days that it is a notice. 3 step Approach the Controlling Authority under the Payment of Gratuity Act, 1972 by submitting from and related details. step 4 appear before the Controlling Authority. There are enough case citations in favour.
29th December 2012 From India, Pondicherry
Hi...you will be not eligible for Gratuity coz 5 years of service is compulsory. you can not treat as 4.8 as count
i.e if any girls age is 17.8 ( 17 years& 8months ) then she will not treated as 18 and get married.
it must to be complete 18 age.
Thnx...
14th March 2013 From India, Ahmadabad
Mr Mukesh,

I do not understand relevance of comparing age of 17.8 with 4.8 of gratuity qualification.

Anyway here i present my data from a lawyer's site -

"Judgment from Supreme Court:

"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

An employee who has put in his service for a period of 240 days in fifth year will be deemed to have continued in the service for 1 year.

Mettus Beardsell Ltd., Madrs Vs. RLC(C) 1998 LLR 1072(Mad)

For further clarifications you can follow the link - Clarity between gratuity eligibility service (5 or 4.8 yrs)? - Labour & Service Law Forum - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers

Hope that clarifies the doubt that any person who has worked a minimum period of 4 years and 240 days is eligible to gratuity amount
14th March 2013 From India, Mumbai
Dear All,
I worked with Hyderabad based Healthcare IT industry (KPO) company for 8 years and relived on 31st of March'19 till now i have not received my Gratuity (My last Basic is 17,800) and I got reliving letter for this period. HR said we will credit your gratuity in your account directly after a month, its not happened. Now two months over, no response with emails or calls as well messages from HR. So, I thought they are trying to refusing my gratuity.
Finally I decided go through the legally. Please help me out how to file the case against employer.
My query is just give me any hint to take any necessary action for the same.
Regards,
Pratap Reddy
4th June 2019 From India, Hyderabad
Hi
At the time of relieving have you made a request in writing to your employer?
Whether yes or no again please send a request letter. Employer has to settle gratuity within 30 days from the date of relieving. However some companies take time to settle. In case of no response from the employer call your HR and find out. As a last measure you can file the case with Assistant Commissioner of Labour of your jurisdiction. This is as per the Act
4th June 2019 From India, Madras
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